HF 698

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:40am

A bill for an act
relating to crimes; providing a penalty for leaving a child unattended in a motor
vehicle; amending Minnesota Statutes 2008, section 609.378, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 609.378, subdivision 1, is amended to read:

Subdivision 1.

Persons guilty of neglect or endangerment.

(a)(1) A parent, legal
guardian, or caretaker who willfully deprives a child of necessary food, clothing, shelter,
health care, or supervision appropriate to the child's age, when the parent, guardian, or
caretaker is reasonably able to make the necessary provisions and the deprivation harms or
is likely to substantially harm the child's physical, mental, or emotional health is guilty
of neglect of a child and may be sentenced to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both. If the deprivation results in
substantial harm to the child's physical, mental, or emotional health, the person may be
sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both. If a parent, guardian, or caretaker responsible for the child's
care in good faith selects and depends upon spiritual means or prayer for treatment or
care of disease or remedial care of the child, this treatment or care is "health care," for
purposes of this clause.

(2) A parent, legal guardian, or caretaker who knowingly permits the continuing
physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both.

new text begin (3) A parent, legal guardian, or caretaker who is responsible for a child who is eight
years of age or younger shall not leave that child in a motor vehicle where the child is not
supervised by a person who is at least 14 years of age, if:
new text end

new text begin (i) the conditions present a risk to the child's health or safety; or
new text end

new text begin (ii) the engine of the motor vehicle is running or the keys to the motor vehicle are
anywhere in the passenger compartment of the vehicle.
new text end

new text begin A person who violates this paragraph is guilty of neglect of a child and may be sentenced
to imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both.
new text end

(b) A parent, legal guardian, or caretaker who endangers the child's person or
health by:

(1) intentionally or recklessly causing or permitting a child to be placed in a situation
likely to substantially harm the child's physical, mental, or emotional health or cause
the child's death; or

(2) knowingly causing or permitting the child to be present where any person is
selling, manufacturing, possessing immediate precursors or chemical substances with
intent to manufacture, or possessing a controlled substance, as defined in section 152.01,
subdivision 4, in violation of section 152.021, 152.022, 152.023, 152.024, or 152.0262; is
guilty of child endangerment and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the child's physical, mental, or
emotional health, the person may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.

This paragraph does not prevent a parent, legal guardian, or caretaker from causing
or permitting a child to engage in activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as defined in subdivision 1,
paragraph (a).

(c) A person who intentionally or recklessly causes a child under 14 years of age to
be placed in a situation likely to substantially harm the child's physical health or cause
the child's death as a result of the child's access to a loaded firearm is guilty of child
endangerment and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the child's physical health, the
person may be sentenced to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end